Thomas Jefferson - Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson

T >> Thomas Jefferson >> Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson

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* A hogshead of tobacco weighs generally about one thousand
pounds, English, equal to nine hundred and seventeen pounds
French. The seven hogsheads he sailed with, would therefore
weigh, according to this estimate, six thousand four hundred
and twenty-three pounds. They actually weighed more on the
first essay. When afterwards weighed at Landivisiau, they
had lost eighty-four pounds on being carried into a drier
air. Perhaps, too, a difference of weights may have entered
into this apparent loss.

They have been made to understand that a criminal process is going on
against them under two heads. 1. As having sold tobacco in contraband;
and 2., as having entered a port of France in a vessel of less than
thirty tons' burthen. In support of the first charge, they understand
that the circumstance is relied on, of their having been seen off the
coast by the _employes des Fermes_, one or two days. They acknowledge
they may have been so seen while beating off Pont Duval, till they could
get a pilot, while entering that port, and again going round from
thence to the road of the Isle de Bas. The reasons for this have been
explained. They further add, that all the time they were at Pont Duval
they had a King's officer on board, from whom, as well as from their
pilot, and the captain, by whose advise they left that port for the
Isle de Bas, information can be obtained by their accusers (who are not
imprisoned) of the true motives for that measure. It is said to be
urged also, that there was found in their vessel some loose tobacco in
a blanket, which excites a suspicion that they had been selling tobacco.
When they were stowing their loading, they broke a hogshead, as is
always necessary, and is always done, to fill up the stowage, and to
consolidate and keep the whole mass firm and in place. The loose tobacco
which had come out of the broken hogshead, they re-packed in bags:
but in the course of the distress of their disastrous voyage, they
had employed these bags, as they had done every thing else of the same
nature, in mending their sails. The condition of their sails when they
came into port will prove this, and they were seen by witnesses enough,
to whom their accusers, being at their liberty, can have access.
Besides, the sale of a part of their tobacco is a fact, which, had it
taken place, might have been proved; but they deny that it has been
proved, or ever can be proved by true men, because it never existed. And
they hope the justice of this country does not permit strangers, seeking
in her ports an asylum from death, to be thrown into jail and continued
there indefinitely, on the possibility of a fact, without any proof.
More especially when, as in the present case, a demonstration to the
contrary is furnished by their clearance, which shows they never had
more than eight hogsheads of tobacco on board, of which one had been put
ashore at Hampton in Virginia, as has been before related, and the seven
others remained when they first entered port. If they had been smugglers
of tobacco, the opposite coast offered a much fairer field, because the
gain there is as great; because they understand the language and laws of
the country, they know its harbors and coasts, and have connections
in them. These circumstances are so important to smugglers, that it
is believed no instance has ever occurred of the contraband tobacco,
attempted on this side the channel, by a crew wholly American. Be this
as it may, they are not of that description of men.

As to the second charge, that they have entered a port of France in
a vessel of less than thirty tons' burthen, they, in the first place,
observe, that they saw the guager measure the vessel, and affirm that
his method of measuring could render little more than half her true
contents: but they say, further, that were she below the size of thirty
tons, and, when entering the port, had they known of the alternative of
either forfeiting their vessel and cargo, or of perishing at sea; they
must still have entered the port: the loss of their vessel and cargo
being the lesser evil. But the character of the lawgiver assures
them, that the intention of his laws are perverted, when misapplied to
persons, who, under their circumstances, take refuge in his ports. They
have no occasion to recur from his clemency to his justice, by claiming
the benefit of that article in the treaty which binds the two nations
together, and which assures to the fugitives of either from the dangers
of the sea, a hospitable reception and necessary aids in the ports of
the other, and that, without measuring the size of their vessel.

Upon the whole, they protest themselves to have been as innocent as they
have been unfortunate. Instead of relief in a friendly port, they have
seen their misfortunes aggravated by the conduct of officers, who, in
their greediness for gain, can see in no circumstance any thing but
proofs of guilt. They have already long suffered and are still suffering
whatever scanty sustenance, an inclement season, and close confinement
can offer most distressing to men who have been used to neither, and who
have wives and children at home participating of their distresses; they
are utterly ignorant of the laws and language of the country, where
they are suffering; they are deprived of that property which would have
enabled them to procure counsel to place their injuries in a true light;
they are distant from the stations of those who are appointed by their
country to patronize their rights; they are not at liberty to go
to them, nor able to have communication through any other than the
uncertain medium of the posts; and they see themselves already ruined by
the losses and delays they have been made to incur, and by the
failure of the original object of their voyage. They throw themselves,
therefore, on the patronage of the government, and pray that its energy
may be interposed in aid of their poverty and ignorance, to restore them
to their liberty, and to extend to them that retribution which the laws
of every country mean to extend to those who suffer unjustly.

LETTER CXXXV.--TO JOHN ADAMS, November 19, 1785

TO JOHN ADAMS.

Paris, November 19, 1785.

Dear Sir,

I wrote to you on the 11th of October, by Mr. Preston, and again on
the 18th of the same month, by post. Since that, yours of September
the 25th, by Mr. Boylston, of October the 24th, November the 1st, and
November the 4th, have come safe to hand. I will take up their several
subjects in order. Boylston's object was, first, to dispose of a cargo
of spermaceti oil, which he brought to Havre. A secondary one, was to
obtain a contract for future supplies. I carried him to the Marquis
de la Fayette. As to his first object, we are in hopes of getting the
duties taken off, which will enable him to sell his cargo. This has led
to discussions with the ministers, which give us a hope that we may get
the duties taken off in perpetuum. This done, a most abundant market for
our oil will be opened by this country, and one which will be absolutely
dependant on us; for they have little expectation themselves of
establishing a successful whale-fishery. It is possible they may
only take the duties off of those oils, which shall be the produce
of associated companies of French and American merchants. But as yet,
nothing certain can be said.

I thank you for the trouble you have taken to obtain insurance on
Houdon's life. I place the thirty-two pounds and eleven shillings to
your credit, and not being able, as yet, to determine precisely how our
accounts stand, I send a sum by Colonel Smith, which may draw the scales
towards a balance.

The determination of the British cabinet to make no equal treaty with
us, confirms me in the opinion expressed in your letter of October the
24th, that the United States must pass a navigation act against
Great Britain, and load her manufactures with duties, so as to give a
preference to those of other countries: and I hope our Assemblies will
wait no longer, but transfer such a power to Congress, at the sessions
of this fall. I suppose, however, it will only be against Great Britain,
and I think it will be right not to involve other nations in the
consequences of her injustice. I take for granted, that the commercial
system wished for by Congress, was such a one, as should leave commerce
on the freest footing possible. This was the plan on which we prepared
our general draught for treating with all nations. Of those with whom we
were to treat, I ever considered England, France, Spain, and Portugal
as capitally important; the first two, on account of their American
possessions, the last, for their European as well as American. Spain
is treating in America, and probably will give an advantageous treaty.
Portugal shows dispositions to do the same. France does not treat. It is
likely enough she will choose to keep the staff in her own hands. But,
in the mean time, she gives us an access to her West Indies, which,
though not all we wish, is yet extremely valuable to us: this access,
indeed, is much affected by the late _Arrets_ of the 18th and 25th of
September, which I enclose to you. I consider these as a reprisal for
the navigation acts of Massachusetts and New Hampshire. The minister
has complained to me, officially, of these acts, as a departure from the
reciprocity stipulated for by the treaty. I have assured him that his
complaints shall be communicated to Congress, and in the mean time,
observed that the example of discriminating between foreigners and
natives had been set by the _Arret_ of August, 1784, and still more
remarkably by those of September the 18th and 25th, which, in effect,
are a prohibition of our fish in their islands. However, it is better
for us, that both sides should revise what they have done. I am in hopes
this country did not mean these as permanent regulations. Mr. Bingham,
lately from Holland, tells me that the Dutch are much dissatisfied with
these acts. In fact, I expect the European nations, in general, will
rise up against an attempt of this kind, and wage a general commercial
war against us. They can do well without all our commodities except
tobacco, and we cannot find, elsewhere, markets for them. The
selfishness of England alone will not justify our hazarding a contest of
this kind against all Europe. Spain, Portugal, and France, have not yet
shut their doors against us: it will be time enough, when they do, to
take up the commercial hatchet. I hope, therefore, those States will
repeal their navigation clauses, except as against Great Britain and
other nations not treating with us.

I have made the inquiries you desire, as to American ship-timber for
this country. You know they sent some person (whose name was not told
us) to America, to examine the quality of our masts, spars, &c. I think
this was young Chaumont's business. They have, besides this, instructed
the officer who superintends their supplies of masts, spars, foe., to
procure good quantities from our northern States; but I think they have
made no contract: on the contrary, that they await the trials projected,
but with a determination to look to us for considerable supplies, if
they find our timber answer. They have on the carpet a contract for
live-oak from the southern States.

You ask why the Virginia merchants do not learn to sort their own
tobaccos? They can sort them as well as any other merchants whatever.
Nothing is better known than the quality of every hogshead of tobacco,
from the place of its growth. They know, too, the particular qualities
required in every market. They do not send their tobaccos, therefore, to
London to be sorted, but to pay their debts: and though they could send
them to other markets and remit the money to London, yet they find it
necessary to give their English merchant the benefit of the consignment
of the tobacco (which is enormously gainful), in order to induce him to
continue his indulgence for the balance due.

Is it impossible to persuade our countrymen to make peace with the Nova
Scotians? I am persuaded nothing is wanting but advances on our part;
and that it is in our power to draw off the greatest proportion of that
settlement, and thus to free ourselves from rivals who may become of
consequence. We are, at present, co-operating with Great Britain, whose
policy it is to give aliment to that bitter enmity between her States
and ours, which may secure her against their ever joining us. But would
not the existence of a cordial friendship between us and them, be the
best bridle we could possibly put into the mouth of England?

With respect to the Danish business, you will observe that the
instructions of Congress, article 3, of October the 29th, 1783, put it
entirely into the hands of the _Ministers Plenipotentiary of the United
States of America at the court of Versailles, empower to to negotiate
a peace, or to any one or more of them_. At that time, I did not come
under this description. I had received the permission of Congress to
decline coming, in the spring preceding that date. On the first day
of November, 1783, that is to say, two days after the date of the
instructions to the commissioners, Congress recommended John Paul Jones
to the Minister Plenipotentiary of the United States, at Versailles, as
agent, to solicit, under his direction, the payment of all prizes taken
in Europe under his command. But the object under their view, at that
time, was assuredly the money due from the court of Versailles, for the
prizes taken in the expedition by the Bon-homme Richard, the Alliance,
&c. In this business, I have aided him effectually, having obtained
a definitive order for paying the money to him, and a considerable
proportion being actually paid him. But they could not mean by their
resolution of November the 1st, to take from the commissioners, powers
which they had given them two days before. If there could remain a doubt
that this whole power has resulted to you, it would be cleared up by the
instructions of May the 7th, 1784, article 9, which declare, 'that these
instructions be considered as supplementary to those of October the
29th, 1783, and not as revoking, except where they contradict them;'
which shows that they considered the instructions of October the 29th,
1783, as still in full force. I do not give you the trouble of this
discussion, to save myself the trouble of the negotiation. I should
have no objections to this part: but it is to avoid the impropriety of
meddling in a matter wherein I am unauthorized to act, and where any
thing I should pretend to conclude with the court of Denmark, might
have the appearance of a deception on them. Should it be in my power to
render any service in it, I shall do it with cheerfulness; but I repeat,
that I think you are the only person authorized.

I received, a few days ago, the _Nuova Minuta_ of Tuscany, which Colonel
Humphreys will deliver you. I have been so engaged that I have not been
able to go over it with any attention. I observe, in general, that the
order of the articles is entirely deranged, and their diction almost
totally changed. When you shall have examined it, if you will be so good
as to send me your observations by post, in cipher, I will communicate
with you in the same way, and try to mature this matter.

The deaths of the Dukes of Orleans and Praslin, will probably reach you
through the channel of the public papers, before this letter does. Your
friends the Abbes are well, and always speak of you with affection.
Colonel Humphreys comes to pass some time in London. My curiosity
would render a short trip thither agreeable to me also, but I see no
probability of taking it. I will trouble you with my respects to Dr.
Price. Those to Mrs. Adams, I witness in a letter to herself.

I am, with very great esteem, Dear Sir,

your most obedient

and most humble servant,

Th: Jefferson.

LETTER CXXXVI.--TO THE COUNT DE VERGENNES, November 20, 1785

TO THE COUNT DE VERGENNES.

Paris, November 20, 1785.

Sir,

I found here, on my return from Fontainebleau, the letter of October the
30th, which your Excellency did me the honor there of informing me had
been addressed to me at this place; and I shall avail myself of the
first occasion of transmitting it to Congress, who will receive, with
great pleasure; these new assurances of the friendly sentiments, which
his Majesty is pleased to continue towards the United States.

I am equally persuaded they will pay the most serious attention to that
part of your Excellency's letter, which mentions the information you
have received of certain acts or regulations of navigation and commerce,
passed in some of the United States, which are injurious to the
commerce of France. In the mean time, I wish to remove the unfavorable
impressions which those acts seem to have made, as if they were a
departure from the reciprocity of conduct, stipulated for by the treaty
of February the 6th, 1776. The effect of that treaty is, to place each
party with the other, always on the footing of the most favored nation.
But those who framed the acts, probably did not consider the treaty as
restraining either from discriminating between foreigners and natives.
Yet this is the sole effect of these acts. The same opinion, as to
the meaning of the treaty, seems to have been entertained by this
government, both before and since the date of these acts. For the
_Arret_ of the King's Council, of August the 30th, 1784, furnished
an example of such a discrimination between foreigners and natives,
importing salted fish into his Majesty's dominions in the West Indies;
by laying a duty on that imported, by foreigners, and giving out the
same, in bounty, to native importers. This opinion shows itself more
remarkably in the late _Arrets_ of the 18th and 25th of September,
which, increasing to excess the duty on foreign importations of fish
into the West Indies, giving the double, in bounty, on those of
natives, and thereby rendering it impossible for the former to sell in
competition with the latter, have, in effect, prohibited the importation
of that article by the citizens of the United States.

Both nations, perhaps, may come into the opinion, that their friendship
and their interests may be better cemented, by approaching the condition
of their citizens, reciprocally, to that of natives, as a better ground
of intercourse than that of the most favored nation. I shall rest with
hopes of being authorized, in due time, to inform your Excellency that
nothing will be wanting, on our part, to evince a disposition to concur
in revising whatever regulations may, on either side, bear hard on
the commerce of the other nation. In the mean time I have the honor to
assure you of the profound respect and esteem, with which

I have the honor to be,

your Excellency's

most obedient and most humble servant,

Th: Jefferson.

LETTER CXXXVII.--TO LISTER ASQUITH, November 23, 1785

TO LISTER ASQUITH.

Paris, November 23, 1785.

Sir,

I have received your letter of the 14th instant. It was not till the 8th
of this month, that I could obtain information from any quarter, of
the particular court in which your prosecution was instituted, and the
ground on which it was founded. I then received it through the hands of
Monsieur Desbordes, at Brest. I have sent to the Count de Vergennes
a statement of your case, of which the enclosed is a copy. I wish you
would read it over, and if there be any fact stated in it, which is
wrong, let me know it, that I may have it corrected. I at the same time
wrote him an urgent letter in your behalf. I have daily expected an
answer, which has occasioned my deferring writing to you. The moment I
receive one, you may be assured of my communicating it to you. My hopes
are, that I may obtain from the King a discharge of the persons of all
of you: but, probably, your vessel and cargo must go through a process.
I have sincerely sympathized with your misfortunes, and have taken every
step in my power to get into the right line for obtaining relief. If it
will add any comfort to your situation and that of your companions, to
be assured that I never lose sight of your sufferings, and leave nothing
undone to extricate you, you have that assurance. I am, Sir,

your very humble servant,

Th: Jefferson.

LETTER CXXXVIII.--TO JOHN ADAMS, November 27, 1785

TO JOHN ADAMS.

Paris, November 27, 1785.

Dear Sir,

Your favor of the 5th came to hand yesterday, and Colonel Smith and
Colonel Humphreys (by whom you will receive one of the 19th from me)
being to set out to-morrow, I hasten to answer it. I sincerely rejoice
that Portugal is stepping forward in the business of treaty, and that
there is a probability that we may at length do something under our
commissions, which may produce a solid benefit to our constituents. I as
much rejoice, that it is not to be negotiated through the medium of the
torpid, uninformed machine, at first made use of. I conjecture, from
your relation of the conference with the Chevalier de Pinto, that he
is well informed and sensible. So much the better. It is one of those
cases, where the better the interests of the two parties are understood,
the broader will be the basis on which they will connect them.

To the very judicious observations on the subjects of the conference,
which were made by you, I have little to add.

Flour. It may be observed, that we can sell them the flour ready
manufactured, for much less than the wheat of which it is made. In
carrying to them wheat, we carry also the bran, which does not pay its
own freight. In attempting to save and transport wheat to them, much is
lost by the weavil, and much spoiled by heat in the hold of the vessel.
This loss must be laid on the wheat which gets safe to market, where
it is paid for by the consumer. Now, this is much more than the cost of
manufacturing it with us, which would prevent that loss. I suppose the
cost of manufacturing does not exceed seven per cent, on the value. But
the loss by the weavil, and other damage on ship-board, amount to much
more. Let them buy of us as much wheat as will make a hundred weight of
flour. They will find that they have paid more for the wheat, than we
should have asked for the flour, besides having lost the labor of their
mills in grinding it. The obliging us, therefore, to carry it to them in
the form of wheat, is a useless loss to both parties.

Iron. They will get none from us. We cannot make it in competition with
Sweden, or any other nation of Europe, where labor is so much cheaper.

Wines. The strength of the wines of Portugal will give them always an
almost exclusive possession of a country, where the summers are so
hot as in America. The present demand will be very great, if they will
enable us to pay for them; but if they consider the extent and rapid
population of the United States, they must see that the time is not
distant, when they will not be able to make enough for us, and that it
is of great importance to avail themselves of the prejudices already
established in favor of their wines, and to continue them, by
facilitating the purchase. Let them do this, and they need not care for
the decline of their use in England. They will be independent of that
country.

Salt. I do not know where the northern States supplied themselves with
salt, but the southern ones took great quantities from Portugal.

Cotton and Wool. The southern States will take manufactures, of both:
the northern, will take both the manufactures and raw materials.

East India goods of every kind. Philadelphia and New York have begun a
trade to the East Indies. Perhaps Boston may follow their example. But
their importations will be sold only to the country adjacent to them.
For a long time to come, the States south of the Delaware, will not
engage in a direct commerce with the East Indies. They neither have nor
will have ships or seamen for their other commerce: nor will they buy
East India goods of the northern States. Experience shows that the
States never bought foreign goods of one another. The reasons are, that
they would, in so doing, pay double freight and charges; and again,
that they would have to pay mostly in cash, what they could obtain for
commodities in Europe. I know that the American merchants have looked,
with some anxiety, to the arrangements to be taken with Portugual, in
expectation that they could, through her, get their East India articles
on better and more convenient terms; and I am of opinion, Portugal will
come in for a good share of this traffic with the southern States, if
they facilitate our payments.

Coffee. Can they not furnish us with this article from Brazil?

Sugar. The Brazil sugars are esteemed, with us, more than any other.

Chocolate. This article, when ready made, as also the cocoa, becomes
so soon rancid, and the difficulties of getting it fresh, have been
so great in America, that its use has spread but little. The way to
increase its consumption would be, to permit it to be brought to us
immediately from the country of its growth. By getting it good in
quality, and cheap in price, the superiority of the article, both for
health and nourishment, will soon give it the same preference over tea
and coffee in America, which it has in Spain, where they can get it by a
single voyage, and, of course, while it is sweet. The use of the sugars,
coffee, and cotton of Brazil, would also be much extended by a similar
indulgence.